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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I am absolutely terrified and need help ☹

121 replies

Cannotbelievethiswow · 01/12/2018 10:19

NC. I don't want to drip feed but I can't say too much (outing).

Nearly 2 years ago someone drove into my car, dented it, scratched it but no "extreme" damage. The persons car was completely smashed as they hit me with some force. They started being aggressive towards me so I panicked, drove to a safe place and rang the police. I should've stayed I know, but it frightened the life out of me.

I have no idea how but the person got my address and came late that night and posted a note asking to ring them. I did, we exchanged details, and they insisted no one was at fault and to tell my insurer that. I told my insurer exactly who was at fault - them. They claimed it was my fault.

An investigator came to look at my car and talk through the incident and they said it was clear the person didnt check their blind spot then slammed into me.

Didn't think anymore of it, was told it wasn't my fault.

Nearly a year later a solicitor contacts me saying I am being taken to court and said person hired a rental car and ran up fees of over £10,000 and wants me to pay. I am a single parent of a young baby. I felt sick to my stomach. I sent all the evidence I had and was told it was fine, nothing to worry about.

Fast forward to now and I've recieved a court date saying I must attend. I feel sick. I'm young, have no idea of the court process, can't afford to pay them £100 never mind over £10,000 and I don't know if i could get a babysitter for that whole day. I havn't eaten, i can't sleep and I am literally terrified. Please can someone offer their advice or support on this? Surely they will get laughed out of court?

OP posts:
Greenkit · 01/12/2018 13:44

Stay calm and call your solicitors, don't worry

Oysterbabe · 01/12/2018 13:45

Just to echo what others say, nothing to worry about. Go to court if necessary, tell them what happened. Whatever the outcome it'll be paid by insurance. The cost to you is just your time and inconvenience.

Cannotbelievethiswow · 01/12/2018 14:00

Thank you so much for all your replies. I'm going to ring the old insurers as soon as i can and I will update. x

OP posts:
user1andonly · 01/12/2018 14:26

Try not to panic. I know it's hard. I totally understand how horrible it is but it will get sorted.

I had something similar and had to go to court. The insurance companies have no choice but to go to court if the other person refuses to accept any responsibility so these things really do happen all the time.

I won't lie, it wasn't a nice experience. The other guys lawyer was like a dog with a bone so do be prepared that they may try to trip you up and get you to admit at least partial responsibility. Unfortunately my lawyer was a bit of a wet lettuce and it ended up with me being found partly responsible for an accident that was no way my fault and I still feel angry when I think about it but, in the great scheme of things, meh!

Hopefully, your case is cut and dried and the judge will see that and find the other driver responsible, in which case, his insurers will have to pay your excess meaning you end up getting some money back.

If it goes 50:50 or whatever (and I appreciate how unfair that is but it's the judge's decision on the day) you have to declare it when you renew your insurance for five years but then it's over and done with. You will, sadly, lose any no claims discount you have built up unless you have this protected. But you won't have to pay the other driver anything, your insurance company will do that.

WinterfellWench · 01/12/2018 14:46

Agree with everyone here sweetie. The insurers will deal with this. You should be able to contact them today. Most insurance companies are open on Saturday. Also, I agree with a few posters here that is could be a scam. People will go to great lengths to try and scam people.

A similar thing happened to a friend of mine. She had someone trying to claim £2K from her for damage to their car, and for them being 'shaken up' when they had a small bump. It was so small that the 'damage' was not even worth claiming insurance for. (It was a broken tail light on my friend's car, and a tiny scrape the size of a 50p on his.)

So they parted company and everyone was happy. However, this man also somehow got hold my friend's home address, and decided to come to the house with a breakdown of a bill he had made up .

She was very shaken and upset (she was youngish like you - 24,) and told her dad. He told her to tell the guy to come back tomorrow and she will arrange to pay him then.

Said bloke came back, and her 6 ft 3, ex-boxer father was waiting with a face like thunder. He told the guy if he ever came anywhere near his daughter again, he would snap his fucking neck, and grind his spine down, and send the crumbs to his mother, with a few names of funeral directors.

He shot off like shit off a shovel, and she never saw him - or heard from him again.

Contact your insurance company OP. NOW.

And good luck. AND PLEASE DON'T WORRY! Flowers

Cannotbelievethiswow · 01/12/2018 15:11

Spoke to insurers. Feel so so much better, they said it's fine just ring the solicitor on Monday to go through my statement and that I don't have to attend court. They said the person will probably get laughed at anyway, they said it's ridiuclous!

But it's alarming that they have my address and i had another solictor ringing me and knocking on my door to do a statement yet the insurers just confirmed this person wasn't directed by them and is not legitimate. How scary!!

Again thank you so much for the replies it really does mean a lot Flowers

OP posts:
WinterfellWench · 01/12/2018 15:12

YAY!!! Great news. Hope you enjoy the rest of the weekend. Grin

Cannotbelievethiswow · 01/12/2018 15:16

Thank you!!

OP posts:
Dongdingdong · 01/12/2018 15:18

Wow - I just can't believe that anyone would pull such a horrible stunt! Sorry OP Flowers There really are some absolute bastards out there.

Cannotbelievethiswow · 01/12/2018 15:20

It's awful isn't it? I mean, I'm very young and have no idea about stuff like this like I said earlier but imagine if I was a really vunerable person. Shame on these scammers it really is disgusting

OP posts:
Amicompletelyinsane · 01/12/2018 15:25

We got hit from the rear and the other party wouldn't pay up. It was going to court. They wanted us to settle 50 50 before but we refused. They dropped it and paid up a week before court date. I think they were trying to scare us into settling for 50 fault!

Cannotbelievethiswow · 01/12/2018 15:30

@Amicompletelyinsane The sad people! This person kept insisting on the phone that no one was at fault and I should just say that to my insurers. Then they claimed it was my fault, probably hoping I would have claimed some responsibility and they would stand more of a chance. Horrible xx

OP posts:
SoftlyCatchyMonkey1 · 01/12/2018 15:33

OP, some people will try anything.

@winterfellwench laughing my head off at work at your story - love it

Parky04 · 01/12/2018 15:42

You will not be liable for any damages even if you are found at fault for the accident. Your insurance company will pay. If liability remains in dispute then you will have to attend court to give evidence. Just stick to the facts and you will be OK.

Credit hire is a massive problem for the insurance industry and unfortunately most of the time the public believe they are getting a 'free courtesy car' when in fact they are entering into a credit agreement!

Socoldhelpme · 01/12/2018 16:20

This reply has been deleted

Message withdrawn at poster's request.

WinterfellWench · 01/12/2018 16:41

@softlycatchymonkey1

I laughed when my friend told me too! Grin

StoneofDestiny · 01/12/2018 19:46

Wow - had a similar experience many many years ago when I was young and involved in a massive motorway pile up. No idea how they got my address and could blame me for anything - it was an accident involving about 40 vehicles! It's a scam - court letter and bailiffs sent to my home while I was at work. My insurance company saw them off, but it was unnerving at the time.

Cannotbelievethiswow · 06/12/2018 10:55

Update - so the solicitor appointed by my old insurers is saying I HAVE to attend the court date I am so confused Sad

OP posts:
DameFanny · 06/12/2018 11:07

Have your insurers confirmed that they appointed this solicitor? And said why?

Cannotbelievethiswow · 06/12/2018 11:08

Yes they confirmed it. He said it’s procedure? I’m on hold to the insurers now!

OP posts:
beenandgoneandbackagain · 06/12/2018 11:09

Have you spoken to your actual insurers to check that this is a legitimate solicitor appointed by them? When I was involved in an accident (hit from behind whilst stationary at a red light) I was told not to speak to anyone except the solicitor appointed and them, and to check every time the phone number I was being called from was legitimate. Not surprisingly the other side tried various tactics to pass blame for the accident to me, including pretending to be my insurers legal team - there are no lengths they will not stoop to.

Amicompletelyinsane · 06/12/2018 11:52

WE were having to go to court and we were told we must attend too I'm afraid

Cannotbelievethiswow · 06/12/2018 14:45

Yes insurers said the woman who spoke to me last week was wrong, I have to attend. They said the case is ridiculous though and more than likely I’ll win. Fingers crossed x

OP posts:
Helperout · 06/12/2018 16:03

Op you would have to attend court when you receive a summons, that is standard procedure. I was surprised when you posted earlier that you didn't have to.

As others have said once you were covered by insurance at the time of the accident any claim made by him will be paid out by your insurance company and not by you - so don't worry about that.

In relation to his claim I assume he wasn't successful in claiming for the damage to his car caused by the accident and therefore he will not be successful in claiming car hire arising out of it either.
The only chance he would be successful is if you were found to be at fault for the accident in the first claim. Once the insurance company show the court he wasn't successful in that claim he cannot win this one.

I hope that helps.

Helperout · 06/12/2018 16:11

Op who is the solicitor knocking on your door, no solicitor I know would make a personal call to the house. Are they acting on your behalf or that man? Its all very strange.